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1982-03-04 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - MARCH 4, 1982 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER Mayor Herrnsteen called the meeting to order at 6:40 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mr. Anderson (arrived 6:42) Mr. Arndt Mr. Beaty Mr. Murray Mr. Peotter Mr. Wakefield (arrived 6:50) Mr. White Mayor Herrnsteen A quorum was established. III ACCEPTANCE OF AGENDA There were no additions or deletions to the agenda. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - Feb. 4, 1982 Mr. Peotter moved to approve the minutes of the regular Assembly Meeting of February 4, 1982. Seconded by Mr. White. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. Mental Health Center - July 9, 1981/Aug. 6, 1981/Aug. 17, 1981 Sept. 16, 1981/Oct. 19, 1981/Oct. 29, 1981/Jan. 18, 1982 B. Bells Flats -Russian Creek Road/Fire Serv. Dist. - Feb. 1, 1982 Feb. 15, 1982 C. Architectural Review Board - Jan. 26, 1982/Feb. 11, 1982 Feb. 13, 1982 D. P & Z - Reg. - Jan. 20, 1982 Mr. Peotter moved to acknowledge receipt of items A, B, C & D. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Letter from Okey Chandler re: opting from Borough Manager to Borough Chairman. Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. B. Letter re: Port Lions School Playground Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Beaty. Motion carried with no objection. -- C. Letter re: Shuyak Island State Park Mr. Murray moved to send a letter to the State basically continuing to support mean high tide as the boundaries. Seconded by Mr. Peotter. Motion carried 6-1 with Mr. White casting the NO vote. D. Letters re: Bonding Mr. Peotter moved to acknowledge receipt of the City's letter. Seconded by Mr. Wakefield. Motion carried with no objection. E. Letter re: Village Funding (KANA) Mr. White moved to acknowledge receipt. Seconded by Mr. Arndt. Motion carried with no objection. KIB Assembly Mtg. - March 4, 1982 Page 2 F. Small World re: Requesting Support for HB 801 Mr. Murray moved to adopt Resolution No. 82-24-R. Seconded by Mr. White. Motion carried by unanimous voice vote. VII PUBLIC HEARINGS A. Ord. No. 82-5-0 Amending Personnel Regs (Mental Health) Mr. Peotter moved to adopt Ordinance No. 82-5-0 in the second reading. Seconded by Mr. White. Regular Session closed: Public Hearing opened: Jan Jett: (Chairman of Mental Health Center) We would like to insert as a Whereas the same paragraph in 82-5-0 that is in 81-62-0 to make both ordinances consistant. (8.08.100 Status of Employees) Pam Del s B�agliie�n: I guess the whole point is that at this point we oconn'tfinow wRt1e salaries of people in the Mental Health Center will be for the next fiscal year. That depends entirely on the kind of funding that comes through. Joanne Jones:(Borough Employee) The job descriptions given on the Mental Health employees are basically a lot simpler than the job descriptions in our own personnel regulations. My personal feeling is that if they go with the higher rate I would like to see our employees receive comparable for what we do. I am in favor of the ordinance that is before you now and not the amendment. Public Hearing closed: Regular Session opened: Mr. Wakefield moved to table Ordinance No. 82-5-0. Seconded by Mr. ` Beaty. Motion carried 4-3 with Mr. Arndt, Mr. Murray and Mr. Peotter casting the NO votes. B. Ord. No. 82-6-0 Amending The Schedules Relating To Pay Ranges And Class Titles For Employees Of KIB And Providing An Effective Date. Mr. White moved to adopt Ordinance No. 82-6-0. Seconded by Mr. Arndt. Regular Session closed: Public Hearing opened: Sue Clark:(Borough Employee) I have just given you copies of The material showing the difference between the Anchorage and Kodiak cost of living. We are just asking that you give it consideration as the Personnel Board did not give any consideration to what we had to say. Ann Moen:(Borough Employee) We have heard figures ranging from 5.4% up to about 12%. I would like to see a figure that is somewhat accurate or that we at least play catch-up in some manner instead of falling further and further behind. Lorna Arndt: I would recommend that the Borough employees get a decent -cost of living increase at least comparable to the City. Public Hearing closed: Regular Session opened: Mr. White moved to amend the ordinance to 5.4% cost -of -living increase. Seconded by Mr. Arndt. Amendment carried by unanimous roll call vote. Mr. Anderson moved to table. Seconded by Mr. Wakefield. Motion failed 3-4 with Mr. Anderson, Mr. Beaty and Mr. Wakefield casting the YES votes. Main motion as amended carried 5-2 with Mr. Anderson and Mr. KIB Assembly Mtg. - March 4, 1982 Page 3 Wakefield casting the NO votes. C. Ord. No. 82-7-0 Amending Title 3 Of The KIB Municipal Code In Regard To Property Taxes. Mr. White moved to adopt Ordinance No. 82-7-0. Seconded by Mr. Beaty. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Mr. White moved to amend by deleting the last sentence under 3.20.086 B. Taxable aronerty which has been omitted from assessment for any year may thereafter be assessed and taxed for that year at any future time. Seconded by Mr: Beaty, men ment fall[ -5 with Mr. Beaty and Mr. White casting the YES votes. Main motion carried by unanimous voice vote. D. Ord. No. 82-8-0 Revising Ch. 2.26, Planning Dept., Of The KIB Code. Mr. Anderson moved to adopt Ordinance No. 82-8-0. Seconded by Mr. Arndt. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Mr. Murray moved to amend under 2.26.020 to read: The department shall assist the planning and zoning commission, serve as staff support to the commission, and provide associated services as directed by the manager which may include, but not be limited to, the following. Seconded by Mr. Arndt. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous voice vote. E. Ord. No. 82-9-0 Revising Section 2.24.030(E) Of Borough Code Pertaining To The Planning & Zoning Commission's Date To Submit An Annual Capital Improvements Program To The Assembly. Mr. Wakefield moved to adopt Ordinance NO. 82-9-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. F. Ord. No. 82-10-0 Establishing Ch. 2.22 Of Title 2 Of The KIB Code Of Ordinances. (Finance Dept.) Mr. Anderson moved to adopt Ordinance No. 82-10-0. Seconded by Mr. Beaty. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. G. Ord. No. 82-11-0 Establishing Ch. 2.25 Of Title 2 Of The KIB Code Of Ordinance. (Assessing Dept.) Mr. Anderson moved to adopt Ordinance No. 82-11-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS. KIB Assembly Mtg. - March 4, 1982 Page 4 Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. H. Ord. No. 82-12-0 Establishing Ch. 2.21, Borough Clerk, Of Title 2 Of The Kodiak Island Code. Mr. White moved to adopt Ordinance No. 82-12-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. I. Ord. No. 82-13-0 Establishing Ch. 2.23, Borough Manager, Of Title 2 Of The KIB Code Of Ordinances. Mr. Anderson moved to adopt Ordinance No. 82-13-0. Seconded by Mr. Beaty. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. VIII OLD BUSINESS A. Letter from Knox Christie (Reconsideration) (Mr. White moved to reconsider and enter on the minutes.) Motion failed 1-6 with Mr. White casting the YES vote. B. Main & East Art (Reconsideration) (Mr. Murray moved to reconsider and enter on the minutes.) Motion carried 4-3 with Mr. Arndt, Mr. Beaty and Mr. Wakefield casting the NO votes. Mr. Arndt moved to table. Seconded by Mr. Wakefield. Motion failed 3-4 with Mr. Arndt, Mr. Beaty and Mr. Wakefield casting the YES votes. Mr. Peotter moved that the recommendation of the Art Selection Committee be accepted as follows: East (Exterior) $10,000 - Hudson, Douglas H. - Wood Carving Relief Main (Building Front Exterior) $20,000 - Gerber, Georgia - Bronze Sculpture Main (Commons) $7,000 - Tester, G./O'Neill, T. - Suspended Sculpture Main (Library) $5,000 - O'Neill, T./Tester, G. - Suspended Glass Sculpture Main (Gym) $5,000 - Ogle, Susan - Super Graphics Main (Sunken Play Area) $8,000 - Slusarenko, Kay - Etched Graphics Main (General) $3,000 - Purchases of completed works (local preference) for display in areas to be determined. (Total for Main Elementary School - $48,000) Seconded by Mr. Murray. Mr. Arndt moved to amend that only the amount of $10,000 to the East Elementary be awarded and that the rest remain in limbo until such time as the building is completed. Seconded by Mr. Wakefield. Amendment failed 3-4 with Mr. Arndt, Mr. Beaty and Mr. Wakefield casting the YES votes. Main motion carried 4-3 with Mr. Arndt, Mr. Beaty and Mr. Wakefield casting the NO votes. KIB Assembly Mtg. - March 4, 1982 Page 5 i IX MANAGERS REPORT A. Chiniak Advisory Comm. March Work Sessions Mr. Anderson moved to nominate Mr. Beaty and Mr. Murray to serve on the Chiniak Advisory Committee as the Borough representatives. Seconded by Mr. Peotter. Motion carried with no objection. The following are the suggested March Work Sessions: 1. Thursday, March 11, 7:00 PM with OCS & P & Z. 2. Thursday, March 25, 7:00 PM review packets. B. Other Business 1. Res. No. 82-23-R Authorizing Participation In The Kodiak Island Transportation Study Process. Mr. Peotter moved to adopt Resolution No. 82-23-R. Seconded by Anderson. Motion carried with no objection. 2. Mental Health Board Grant requesting $491,812 (State) $30,000 (Borough) Mr. Murray moved to submit a proposal to the State for the Mental Health Center Budget for FY 83 in the sum of $491,812 and accompanying that proposal we would add a cover letter that would state that we are in the process of examining the present relationship between the KIB and it's Mental Health Center and that we are bringing the job classifications more closely in line with other functions and other aspects of the Borough and that we may be and probably will be submitting prior to April 30th an amendment to the proposed budget but as we see the light at this present moment this is the budget that we are submitting. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. 3. Kodiak Council on Alcoholism Grant requesting $522,000 (State) $30,359 (Borough) Mr. Murray moved that Staff be directed to write a letter to the State indicating that the Borough will be considering along with its FY 83 Budget a request from the Kodiak Council on Alcoholism in the sum of $30,359 and that we understand it's part of the proposal to the State, we will be giving it consideration as they will their budget adoption process. Seconded by Mr. Peotter. Motion carried with no objection. 4. Construction Inspector moving expenses. Mr. Murray moved to authorize up to the sum of $3,000 for the relocation expenses for the proposed employee. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. X NEW BUSINESS A. Ord. No. 82-14-0 Revising Ch. 17.51 Of Borough Code On Accessory Buildings. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 82-14-0. Seconded by Mr. White. Mr. Arndt moved to amend by deleting under 17.51.030 the words except agricultural buildings which shall not exceed fifty (50) feet in height. Seconded by Mr. Beaty. Amen ment Carrie by unanimous voice vote. Main motion as amended carried with no objection. B. Fire Station Site for Service District 1 Mr. White moved to accept the Staff's recommendation of lot 3 block 5 Miller Point Subdivision as a fire station location for Service District 1. Seconded by Mr. Arndt. Motion carried with no objection. KIB Assembly Mtg. - March 4, 1982 Page 6 C. Fire Station Site for Bells Flats Service District Mr. Peotter moved that one (1) acre of lot 2 block 2 Tract A Bells Flats AK Subdivision be surveyed out as the fire station site for the Bells Flats Service District. Seconded by Mr. White. Motion carried with no objection. D. Res. No. 82-17-R Adopting The Women's Bay Community Plan Dated For 1982. Mr. Wakefield moved to adopt Resolution No. 82-17-R. Seconded by Mr. White. Mr. Murray moved to amend by the following: 1. Designate lots 2 and 3, block 5, Tract A, Bells Flats AK Subdivision, for future municipal usage and the preferred location for a sewer treatment plant, on Map One; 2. Designate lots 1 and 4, block 5, Tract A, Bells Flats AK Subdivision, as future parks and open space, on Map one; 3. Clarify "greenbelt" in the text; 4. Change one acre to 40,000 square feet in the chapter on Community Philosophy; and 5. Add wording stating that all gravel will be removed from the B Tracts before other material sites are opened on Borough owned land, in Women's Bay core area on Map 1. Seconded by Mr. Arndt. Amendment carried by unanimous voice vote. Mr. Murray moved to further amend that the map reflect that the zoning on the B Tracts is industrial presently and it should reflect a brown overlay. Seconded by Mr. Arndt. Amendment failed 3-4 with Mr. Arndt, Mr. Beaty and Mr. Murray casting the YES votes. Main motion as amended carried by unanimous roll call vote. E. Res. No. 82-18-R Authorizing Application To The State of Alaska Dept. of Community & Regional Affairs For Coastal Energy Impact Program (C.E.I.P.) Grants. Mr. Murray moved to adopt Resolution No. 82-18-R. Seconded by Mr. Wakefield. Mr. Peotter moved to amend by deleting under the NOW, THEREFORE BE IT RESOLVED items 5, 6 and 7. Seconded by Mr. Wakefield. Amend- ment carried 5-2 with Mr. Arndt and Mr. White objecting. Main motion as amended carried by unanimous voice vote. F. Ord. No. 82-15-0 Amending The Investment Policy Of The Kodiak Island Borough. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 82-15-0. Seconded by Mr. Beaty. Motion carried 6-1 with Mr. Peotter objecting. Mr. Peotter moved to finish the agenda. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. G. Ord. No. 82-16-0 Amending Title 15 Of The KIB Code Pertaining To Sanitary Facilities. (1st Rdg.) Mr. White moved to adopt Ordinance No. 82-16-0. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. H. Res. No. 82-19-R Authorizing The Acceptance Of A Design Contract For The Assembly Chambers. Mr. Murray moved to accept Resolution No. 82-19-R. Seconded by Mr. Wakefield. Motion carried 6-1 with Mr. Beaty objecting. I. Res. No. 82-20-R Authorizing Staff To Effect Certain Contract Changes On The High School Roof Project. Mr. Anderson moved to adopt Resolution No. 82-20-R. Seconded by Mr. Murray. Motion carried with Mr. Wakefield and Mr. White objecting. KIB Assembly Mtg. - March 4, 1982 Page 7 J. Res. No. 82-21-R Authorizing Staff To Effect Certain Contract Changes And Budget Change On The Karluk School Project. Mr. Anderson moved to adopt Resolution No. 82-21-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. K. Ord. No. 82-17-0 Amending Title 2 Of The Borough Code - Relating to Quasi -Judicial Boards. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 82-17-0. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. L. Status Report - Construction Projects (Februarv) No action taken. M. Res. No. 82-22-R Contract Haeg-Bettis Associates For Design Of Kodiak Island Borough Hospital Repair Project. Mr. Anderson moved to adopt Resolution No. 82-22-R. Seconded by Mr. White. Motion carried by unanimous voice vote. N. Kodiak Mental Health Center Financial Report - Jan. 1982 Mr. Arndt moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried with no objection. 0. Kodiak Island Hospital Financial Report - December 1981 Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. White. Motion carried with no objection. P. KIB Detailed Budget & Revenue Report - January 1982 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Q. KIBSD Report of Revenues & Expenditures - Jan. 1982 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried with no objection. R. Brechan Enterprise Claim for Delay Mr. Arndt moved to authorize the expenditures of $22,332 to satisfy a claim of Brechan Enterprises through Rogers and Babler which is the general contractor on the job. Seconded by Mr. Murray. Motion carried by unanimous voice vote. XI MAYORS COMMENTS - None. XII ASSEMBLY COMMENTS Mr. Peotter - None. Mr. Murray- None. Mr. Arndt - None. Mr. White - None. 1�r. Beaty - One of the things we are suppose to have for the UBC is a Board of Appeals. We need to get something started on this. Also, I think we could get a lot better working force if we could get the City and Borough building officials working together on an area -wide inspection program. Mr. Wakefield - I am very upset with the Mirror's March 3rd front page article re: Assembly meeting agenda where the writer stated "discuss phase II of construction of the $29 million Port Lions elementary school construction project". We have a perfectly good school. The Mirror's response when I tried to find out who wrote the article was that I should write a letter to the editor. I think the Mirror should print a retraction on the front page stating they don't know what they are talking about. Mr. Anderson - I agree with what Mr. Beaty said. I hope we can do it. I would also like for Mr. Shealy to see if the City would be agreeable to possibly combining the engineering departments. I think a little inter -action that way might save some money and possibly know what each other is doing. KIB Assembly Mtg. - March 4, 1982 Page 8 XIII AUDIENCE COMMENTS Knox Christie - I would like to read a memorandum written by Mr. Garnett dated Sept. 1, 1981 which is over six months ago. I would like to read the paragraph concerning the Tony Perez situation. "Mr. Perez appealed the decision of the Assembly sitting as the Board of Adjustment. The decision required him to move a certain trailer which he had substituted for an existing non -conforming trailer. There was some discussion with Mr. Perez's attorney as to whether or not the Assembly had followed proper procedures under recent Supreme Court cases requiring specific findings. After discussing the matter with the Assembly we notified the Court that we wish to proceed with the appeal. At that point we received a letter from Mr. Markham notifying us that Mr. Perez had elected to dismiss his appeal. We will prepare the necessary paperwork. A practical effect is that the Assembly's decision remains in effect and the new trailer must be moved." This is over six months old and as far as I know all the procedures set forth for appeals of planning and zoning decisions have been met. The decision has been affirmed the whole way and I just can't understand why there has been no action at this time. That's what my letter was about and apparently that received no action too. XIV ADJOURNMENT Mayor Herrnsteen adjourned the meeting at 11:00 PM. ATTEST: r . T